Pollution by Tanneries in TamilNadu Case on Precautionary ... - Envis

POLLUTION BY TANNERIES IN TAMIL NADU CASE ON PRECAUTIONARY
PRINCIPLE AND POLLUTER PAYS PRINCIPLE
Vellore Citizen Welfare Forum Vs Union of India & Ors., W.P.(C ) No.
914/1991
The Vellore Citizen Welfare Forum filed this Writ Petition as public <strong>in</strong>terest
litigation. In this petition, the Welfare Forum alleged that the tanneries and other
<strong>in</strong>dustries were discharg<strong>in</strong>g untreated effluent <strong>in</strong>to the agriculture fields,
roadsides, waterways and open lands <strong>in</strong> the State of Tamil Nadu. The untreated
effluent of these tanneries and <strong>in</strong>dustries were f<strong>in</strong>ally discharged <strong>in</strong> the river
Palar which was the ma<strong>in</strong> source of water supply to the residents of the area.
The Welfare Forum further alleged that the entire surface and sub-soil water of
river Palar was polluted result<strong>in</strong>g <strong>in</strong> non-availability of potable water to the
residents of the area. Due to the operation of these tanneries <strong>in</strong> the state of
Tamil Nadu environmental degradation was caused. Accord<strong>in</strong>g to the survey
conducted <strong>by</strong> the Tamil Nadu Agricultural University Research Centre, Vellore,
nearly 35,000 hectares of agricultural land <strong>in</strong> the tanneries belt had turned out
partially or totally unfit for cultivation. These tanneries used about 170 types of
chemicals <strong>in</strong> the Chrome tann<strong>in</strong>g processes. These chemicals <strong>in</strong>clude common
salt, lime, sodium sulphuric, chromium sulphate, fat liquor, ammonia and
sulphuric acid besides dyes which are used <strong>in</strong> large quantities. Approximately 35
cubic metre of water is used for process<strong>in</strong>g 1 kg f<strong>in</strong>ished leather result<strong>in</strong>g <strong>in</strong>
dangerously enormous quantity of toxic effluents which were let out <strong>in</strong> the open
<strong>by</strong> the tann<strong>in</strong>g <strong>in</strong>dustries. The effluents have spoiled physico chemical properties
of the soil and have contam<strong>in</strong>ated groundwater <strong>by</strong> percolation.

An <strong>in</strong>dependent survey was conducted <strong>by</strong> Peace Members, Non-
Governmental Organization and Peddiar Chatram Anchayat Unions found that
350 wells out of total 467 used for dr<strong>in</strong>k<strong>in</strong>g and irrigation purposes were
polluted. Women, children were forced to walk miles to get dr<strong>in</strong>k<strong>in</strong>g water. On
the request of the Legal and Aid Advise Board of Tamil Nadu, two lawyers visited
the area and submitted their report <strong>in</strong>dicat<strong>in</strong>g the pollution caused <strong>by</strong> the
tanneries. It was reported that the entire Ambur town and the villages situated
near<strong>by</strong> did not have good dr<strong>in</strong>k<strong>in</strong>g water. Dur<strong>in</strong>g ra<strong>in</strong>y days and floods, the
chemicals deposited <strong>in</strong>to the river bed were spread<strong>in</strong>g out quickly. The State
Government also <strong>in</strong>formed the Court about the 59 villages that were affected <strong>by</strong>
the tanneries. In those villages, there was acute shortage of dr<strong>in</strong>k<strong>in</strong>g water. The
Tamil Nadu <strong>Pollution</strong> Control Board also submitted that their Board perusuated
for the last 10 years to control the pollution generated <strong>by</strong> these tanneries. These
tanneries were given option <strong>by</strong> the Board that either to construct common
effluent treatment plants (CETPs) for a cluster of <strong>in</strong>dustries or to setup <strong>in</strong>dividual
pollution control devices. The Central Government were earlier agreed to give
substantial subsidies for the construction of CEPTs. The Hon'ble Court observed
that it was pity that till date most of the tanneries operat<strong>in</strong>g <strong>in</strong> the State of Tamil
Nadu did not take any step to control the pollution caused <strong>by</strong> the discharge of
effluent. On the direction of the Hon'ble Court, the National Environmental
Eng<strong>in</strong>eer<strong>in</strong>g Research Institute also submitted the feasibility report for sett<strong>in</strong>g up

of CETPs for clusters of tanneries situated at different places <strong>in</strong> the State. The
NEERI, the Tamil Nadu Board and Central Board visited the tann<strong>in</strong>g units and
other <strong>in</strong>dustries <strong>in</strong> the Tamil Nadu and submitted their reports.
The Hon'ble Court observed that the leather <strong>in</strong>dustry was of vital
importance to the country as it generated foreign exchange and provided
employment avenues. But, it had no right to destroy the ecology, degrade the
environment and cause a health hazard. It could not be permitted to expend or
even to cont<strong>in</strong>ue with the present production unless appropriate action taken <strong>by</strong>
the <strong>in</strong>dustry itself. The traditional concept that development and ecology are
opposed to each other is no longer acceptable. "Susta<strong>in</strong>able Development" would
be the answer. The "Susta<strong>in</strong>able Development" has been accepted as a viable
concept to eradicate poverty and improve the quality of human life. While liv<strong>in</strong>g
with<strong>in</strong> the carry<strong>in</strong>g capacity of the support<strong>in</strong>g eco-systems. "Susta<strong>in</strong>able
development" means development that meets the needs of the present without
compromis<strong>in</strong>g the ability of the future generations to meet their own needs. The
"Susta<strong>in</strong>able Development" has come to be accepted as a viable concept to
eradicate poverty and improve the quality of human life while liv<strong>in</strong>g with<strong>in</strong> the
carry<strong>in</strong>g capacity of the support<strong>in</strong>g eco-system. The "Precautionary Pr<strong>in</strong>ciple" and

the "The Polluter Pays Pr<strong>in</strong>ciple" were the essential features of "Susta<strong>in</strong>able
Development ".
The Hon'ble Court on 28.8.1996 directed the Central Government to
constitute an Authority under section 3(3) of the Environment (Protection) Act,
1986 and to confer on the Authority all the powers necessary to deal with the
tanneries and other pollut<strong>in</strong>g <strong>in</strong>dustries <strong>in</strong> the State of Tamil Nadu. The authority
so constituted would <strong>in</strong>voke the precautionary pr<strong>in</strong>ciple and the polluter pays
pr<strong>in</strong>ciple. The Authority should determ<strong>in</strong>e the compensation to be recovered from
the polluters as cost of revers<strong>in</strong>g the damaged environment. The Authority
should direct the closure of the <strong>in</strong>dustry owned/managed <strong>by</strong> a polluter <strong>in</strong> case he
evades or refuses to pay the compensation awarded aga<strong>in</strong>st him. A f<strong>in</strong>e of
Rs.10,000/- each on all the tanneries <strong>in</strong> the districts of North Arcot, Ambedkar,
Erode Periyar, D<strong>in</strong>digul Anna, Trichi and Chengai M.G.R. was imposed. The said
f<strong>in</strong>e was directed to be paid before 31.10.1996. The Chief Justice of the Madras
High Court was requested to constitute a special bench "Green Bench" to further
monitor this case.
The M<strong>in</strong>istry of Environment & Forests, Government of India constituted
the Loss of Ecology (Prevention and Payments of Compensation) Authority <strong>in</strong> the
year 1996 and appo<strong>in</strong>ted Mr. Justice P.Bhaskaran, as its Chairman. The Authority
after detailed studies and deliberations delivered its award on March 12, 2002.
Accord<strong>in</strong>gly, 546 tanneries <strong>in</strong> the District of Vellore to pay a compensation
amount<strong>in</strong>g to Rs.26.82 crores to 29,193 families as pollution damages.
The Central Board has also analysed the soil, sludge and water samples
concern<strong>in</strong>g this matter. The <strong>in</strong>depth <strong>in</strong>vestigations were taken up and reports
were submitted to the Hon'ble Supreme Court for consideration.

Vedanta denied permission for Orissa m<strong>in</strong>e, but court offers escape
route
The British m<strong>in</strong><strong>in</strong>g group Vedanta has been denied permission to m<strong>in</strong>e
bauxite for a controversial alum<strong>in</strong>ium project <strong>in</strong> the ecologically sensitive hills of
Kalahandi and Rayagada districts of Orissa, unless it comes up with specific
proposals to safeguard the rights of the local people and the ecology
The Supreme Court of India has denied permission to Vedanta Alum<strong>in</strong>a Ltd
-- the local unit of the British m<strong>in</strong><strong>in</strong>g group Vedanta Resources Plc -- and its
associate Sterlite Industries India Ltd to m<strong>in</strong>e bauxite for a controversial
alum<strong>in</strong>ium ref<strong>in</strong>ery <strong>in</strong> Orissa?s ecologically sensitive Niyamgiri hills. However, it
left the door open for Sterlite to operate the m<strong>in</strong>es <strong>in</strong> collaboration with state
agencies, if it comes up with specific proposals to safeguard the <strong>in</strong>terests of the
tribals who <strong>in</strong>habit the region, and the environment.
The court provided an escape clause for the m<strong>in</strong><strong>in</strong>g giants <strong>by</strong> sett<strong>in</strong>g up a
special purpose vehicle (SPV) <strong>in</strong> the scheduled areas to ensure that
environmental regulations are complied with <strong>in</strong> the development of the Rs 4,000
crore, 3 million tonne per annum bauxite m<strong>in</strong>e project. Once the requirements of
employment of displaced people and tribals and protection of wildlife are taken
care of, the companies can re-approach the court for approval of the project.

The bench also gave Sterlite the liberty to move the court with<strong>in</strong> eight
weeks if it was ready to go ahead with the project, subject to compliance with
certa<strong>in</strong> modalities.
On November 23, a special three-judge bench (popularly known as the
forests bench) compris<strong>in</strong>g Chief Justice K G Balakrishnan and Justices Arijit
Pasayat and S H Kapadia, delivered its much-awaited judgment deny<strong>in</strong>g approval
to the proposed bauxite m<strong>in</strong>e near Lanjigarh <strong>in</strong> Kalahandi district and the
Khambasi hills <strong>in</strong> the adjo<strong>in</strong><strong>in</strong>g Rayagada district, on the pr<strong>in</strong>ciple of susta<strong>in</strong>able
development.
Adherence to susta<strong>in</strong>able development is a constitutional requirement. the
bench said <strong>in</strong> its order, which only seeks safeguards <strong>by</strong> which we are able to
protect nature and subserve development. While the country needed to focus on
its present development needs, it had to be done without compromis<strong>in</strong>g the
needs of future generations, the court added.
However it left room for the project <strong>by</strong> ask<strong>in</strong>g Vedanta’s Indian unit,
Sterlite Industries, to come back with a fresh proposal on safeguard<strong>in</strong>g the rights
of local tribal people through a new <strong>in</strong>vestment firm.
The court enjo<strong>in</strong>ed upon Sterlite to comply with the environmental
regulations, cit<strong>in</strong>g newspaper reports on a government of Norway decision to sell
off all its <strong>in</strong>vestments <strong>in</strong> Vedanta because the company had been responsible for
caus<strong>in</strong>g environmental damage, violat<strong>in</strong>g human rights, and forcibly evict<strong>in</strong>g
tribal people.

The court stated that it did not entirely give credence to news reports, but
s<strong>in</strong>ce Vedanta could always walk out of the project and its assets and
sharehold<strong>in</strong>g status were not clear, it could not be handed over the
responsibility. ”We are not aga<strong>in</strong>st the project <strong>in</strong> pr<strong>in</strong>ciple” the court said. “M<strong>in</strong><strong>in</strong>g
is an important revenue-generat<strong>in</strong>g <strong>in</strong>dustry. However, we cannot allow our
national assets to be placed <strong>in</strong> the hands of companies without a proper
mechanism <strong>in</strong> place and without ascerta<strong>in</strong><strong>in</strong>g the credibility of the user agency”.
The court said that from the various legal documents it had received from
the two firms, Sterlite seemed to be an associate company of Vedanta and not a
subsidiary. It also said the new firm Sterlite needed to float would have to make
fresh f<strong>in</strong>ancial commitments to ensure the development of tribal people, and
submit an account of its expenses to the court, among other terms.
The court has suggested a rehabilitation package to be followed before the
controversial project starts <strong>in</strong> Kalahandi, one of the poorest districts <strong>in</strong> the
country. The project is to be jo<strong>in</strong>tly implemented <strong>by</strong> Sterlite Industries (India)
Limited (SSIL), the Orissa M<strong>in</strong><strong>in</strong>g Corporation, and the Orissa state government.
The apex court also listed a number of suggestions made <strong>by</strong> the state
government on the issue. These <strong>in</strong>clude soil conservation measures,
development of green cover, provision to make diverted forest land nontransferable
(the project <strong>in</strong>volves a proposal for the diversion of 58.943 hectares
of forest land) among others.
Vedanta wants to dig open-cast m<strong>in</strong>es <strong>in</strong> the Niyamgiri hills to feed an
alum<strong>in</strong>a ref<strong>in</strong>ery it has already built <strong>in</strong> the area, as part of a Rs 4,000 crore (US$
800 million) project expected <strong>in</strong>itially to produce 1 million tonnes of alum<strong>in</strong>a per
year. The ref<strong>in</strong>ery at Lanjigarh, which was completed late last year, was
predicated on a proposal to m<strong>in</strong>e 720 hectares of the adjacent Niyamgiri hills
which is protected land under the Indian Constitution. The state and central

governments both back the m<strong>in</strong><strong>in</strong>g plan as part of efforts to <strong>in</strong>dustrialise and
exploit the m<strong>in</strong>eral resources of underdeveloped eastern India.
The decision <strong>by</strong> India?s highest court to stay Vedanta’s proposal is the
latest setback <strong>in</strong> a three-year legal battle to obta<strong>in</strong> f<strong>in</strong>al clearance for the m<strong>in</strong><strong>in</strong>g
part of the project. In 2005, a fact-f<strong>in</strong>d<strong>in</strong>g committee appo<strong>in</strong>ted <strong>by</strong> the Supreme
Court accused Vedanta of construct<strong>in</strong>g its ref<strong>in</strong>ery <strong>in</strong> blatant violation of Indian
plann<strong>in</strong>g and environmental guidel<strong>in</strong>es.
When the company sought permission to start m<strong>in</strong><strong>in</strong>g <strong>in</strong> the forest area of
672.018 hectares <strong>in</strong> the backward Kalahandi district, it evoked high-level
protests from environment groups and wildlife enthusiasts who challenged the
plan, argu<strong>in</strong>g that it would displace tribal people and destroy the region’s flora
and fauna.
Thousands of tribal people say the m<strong>in</strong>e will destroy hills they consider
sacred, force them from their homes and destroy their livelihoods which are
based on farm<strong>in</strong>g millet, hunt<strong>in</strong>g and collect<strong>in</strong>g fruits and spices from the forests.
The latest verdict has been greeted with cautious optimism <strong>by</strong> those
oppos<strong>in</strong>g the project, among them anthropologists and environmentalists.
Meanwhile, Vedanta has termed it a m<strong>in</strong>or setback <strong>in</strong> its three-year battle to get
the beleaguered project off the ground.
However, voluntary groups that supported the campaign rema<strong>in</strong> cautious.
“We are very apprehensive of this ‘special purpose vehicle’,” says Babu Mathew,
country director of Action Aid India. “There have been too many such
arrangements that have failed <strong>in</strong> the past”.

Bhakra dam case
In the last two decades, a variety of petitions filed before the Supreme
Court over illegalities concern<strong>in</strong>g large dam and irrigation projects have all had a
common result. Project proponents have gotten the judicial go-ahead. What is
the po<strong>in</strong>t of overcrowd<strong>in</strong>g laws with more 'enabl<strong>in</strong>g' provisions then, asks
The India International Centre is the hub of Delhi's <strong>in</strong>telligentsia. On 18
April, I went there to listen to the f<strong>in</strong>d<strong>in</strong>gs of a study assess<strong>in</strong>g the 'Temple of
Resurgent India'- the Bhakra Dam. Through an extensively researched work, the
pr<strong>in</strong>cipal author Shripad Dharmadhikary gave enough po<strong>in</strong>ters to suggest that
the legend of Bhakra has critical caveats and, as he said, the Bhakra's imagery of
larger than life is exactly that - an image and one that is larger than life. For
<strong>in</strong>stance the study suggests that the Bhakra project's contribution to irrigation is
severely limited – with unsusta<strong>in</strong>able groundwater extraction be<strong>in</strong>g the real
source of irrigation - and its contribution to food security has been
overemphasized, perhaps to convert a story <strong>in</strong>to a legend. The study concludes
that the Bhakra dam and project is "a most ord<strong>in</strong>ary project, an ord<strong>in</strong>ary dam
much like any other large dam – with all its flaws and blemishes".

The details <strong>in</strong> the report are meticulous, the arguments conv<strong>in</strong>c<strong>in</strong>g and the
sheer effort <strong>in</strong>spir<strong>in</strong>g. But as I came out of the meet<strong>in</strong>g the big question to me
for the dedicated team was: Where do you go from here? And who's listen<strong>in</strong>g?
Even as I was com<strong>in</strong>g out, the auditorium next door was abuzz with the
sound of Arun Jaitly who was speak<strong>in</strong>g on how the Judiciary <strong>in</strong> recent times
might have crossed the <strong>in</strong>visible lakshman rekha and encroached on the powers
of the other organs of the government. Gett<strong>in</strong>g <strong>in</strong> I could see the decisiveness <strong>in</strong>
his tone as he said: the Supreme Court despite be<strong>in</strong>g fallible is f<strong>in</strong>al. His words
immediately after what I had heard about Bhakra provoked me to th<strong>in</strong>k how the
Apex Court has responded with the f<strong>in</strong>al word <strong>in</strong> a world dom<strong>in</strong>ated <strong>by</strong> conflict<strong>in</strong>g
perceptions, op<strong>in</strong>ions and worldviews has responded to large dam projects.
The f<strong>in</strong>al words of the Court <strong>in</strong> such cases over the last two decades have a
familiar r<strong>in</strong>g to them. There have been petitions filed before the Apex court <strong>in</strong>
different contexts and diverse grounds challeng<strong>in</strong>g aspects of violation of laws,
but almost <strong>in</strong>evitably, they all have had a common result. Project proponents
have gotten a judicial go-ahead. Even the reasons given <strong>by</strong> justices from their
rul<strong>in</strong>gs have predictably follow<strong>in</strong>g a pattern - that petitioners raise technical
issues, those are typically policy matters and thus beyond judicial expertise and
review. In fact, close exam<strong>in</strong>ation of the cases will f<strong>in</strong>d this pattern <strong>in</strong> both <strong>in</strong> the
apex court's operative decisions and <strong>in</strong> the reasons support<strong>in</strong>g the decisions,
despite the petitions themselves be<strong>in</strong>g made on a variety of different grounds.
The high water mark <strong>in</strong> the l<strong>in</strong>e of cases was the 2000 judgment on Sardar
Sarovar where despite the efficacy of dams per se be<strong>in</strong>g not a technical issue
before the Court, the judgment put a number of strong words together extoll<strong>in</strong>g
the virtues of large dams. That judgment was close on the heels of another
verdict where the court has made it clear <strong>in</strong> the context of water pollution issues
that they alone have the prerogative to draw the lakshman rekha as <strong>in</strong> its own
words, 'These issues are too important to be left to the officers drawn from the

Executive'. The fact that judicial aggression on environment may be out of sync
with judicial deference on large projects hardly seems to matter. Because <strong>in</strong>
r<strong>in</strong>g<strong>in</strong>g words, Jaitly says that the Supreme Court despite be<strong>in</strong>g fallible, def<strong>in</strong>itely
has the f<strong>in</strong>al word.
Com<strong>in</strong>g out of the two meet<strong>in</strong>gs further questions l<strong>in</strong>ger <strong>in</strong> my m<strong>in</strong>d. If
the study like the one on the Bhakra dam has to make sense at least for the
future projects, could law and policy reform be thought of as a way ahead? If
there have been concerns on lack of efforts for alternatives at the time of
project conceptualisation, non <strong>in</strong>volvement of the people <strong>in</strong> decision mak<strong>in</strong>g,
<strong>in</strong>adequate environmental assessments and rehabilitation efforts, could specific
amendments be suggested <strong>in</strong> the legal framework to enforce these aspects?
Yes, that is one way ahead and <strong>in</strong>deed, generally speak<strong>in</strong>g, over the last
fifteen years there have been some addition/amendments <strong>in</strong> law <strong>in</strong> the right
direction. However, some of my recent visits to the command areas of two of the
biggest irrigation projects <strong>in</strong> <strong>in</strong>dependent India - the Indira Gandhi Nahar
Pariyojana (IGNP) <strong>in</strong> Rajasthan and the Sharda Shayak Pariyojana <strong>in</strong> UP - has
taught me one common lesson: there are <strong>in</strong>stitutional structures with def<strong>in</strong>itive
legal mandate that have acquired a promis<strong>in</strong>g look on paper, but they have
delivered little on the ground.
For example, both the projects had created frameworks backed <strong>by</strong> law for
<strong>in</strong>stitutionaliz<strong>in</strong>g farmers' participation <strong>in</strong> irrigation management and <strong>in</strong>volvement
of the gram sabha and gram panchayats at the village levels and above, but
most for whom the law was meant are totally oblivious of it. The story of how
India's environmental impact assessment process is managed <strong>by</strong> the project
proponents has been so told so often and repeatedly that it is now obvious to
many that the EIA notification <strong>in</strong> the gazette papers and the way it is carried out
on the ground are two entirely different th<strong>in</strong>gs.

That be<strong>in</strong>g the case I wonder aga<strong>in</strong> what is the po<strong>in</strong>t of overcrowd<strong>in</strong>g laws
with more 'enabl<strong>in</strong>g' provisions that almost never seem to have an enabl<strong>in</strong>g
effect? Should I not <strong>in</strong>ternalize the limits of law and ignore its potential reach?
With questions galore, only fatigue envelops my m<strong>in</strong>d and I conclude, almost <strong>in</strong>
defeat that let those who are affected raise their own voices. They have to reach
out to the law, perhaps the law will never reach them
Rights groups to fight court order on Blue Lady
More than a year after it docked at Alang, the fate of the l<strong>in</strong>er Blue Lady
still hangs <strong>in</strong> the balance despite a recent Supreme Court order allow<strong>in</strong>g it to be
scrapped. Activists are challeng<strong>in</strong>g the judgment that, they say, has shown “a
disregard for <strong>in</strong>ternational law and even India’s own laws” while defend<strong>in</strong>g the
<strong>in</strong>terests of the shipbreak<strong>in</strong>g <strong>in</strong>dustry

A global coalition of environmental, labour and human rights organisations
plans to file a review petition <strong>in</strong> the Supreme Court of India challeng<strong>in</strong>g the apex
court’s decision to allow the dismantl<strong>in</strong>g of the controversial Norwegian
cruisel<strong>in</strong>er Blue Lady , alleged to be carry<strong>in</strong>g tonnes of radioactive and other
hazardous waste, at Gujarat’s Alang shipyard. The coalition also plans to
challenge the court’s decision at global forums.
The Platform on Shipbreak<strong>in</strong>g condemned the Supreme Court’s September
12 decision, say<strong>in</strong>g it had been taken to safeguard the <strong>in</strong>terests of India’s dy<strong>in</strong>g
shipbreak<strong>in</strong>g <strong>in</strong>dustry. “After the EU’s correct legal judgment to have the
Clemenceau returned <strong>in</strong> compliance with the <strong>in</strong>ternational Basel Convention, the
<strong>in</strong>dustry and their cronies <strong>in</strong> government were desperate to show that India’s
gasp<strong>in</strong>g and <strong>in</strong>ternationally condemned shipbreak<strong>in</strong>g <strong>in</strong>dustry is still alive and
kick<strong>in</strong>g. The Blue Lady was illegally beached and will now be illegally broken to
achieve this objective,” said Gopal Krishna, Indian representative of the coalition,
react<strong>in</strong>g to the judgment.
The coalition termed the judgment illegal as it flouts national and
<strong>in</strong>ternational laws and conventions. It said the decision went aga<strong>in</strong>st the court’s
own strict order on shipbreak<strong>in</strong>g -- passed just days earlier, on September 6 --
bann<strong>in</strong>g all ships carry<strong>in</strong>g hazardous waste material from enter<strong>in</strong>g Indian shores
to be scrapped. In fact, accord<strong>in</strong>g to a directive <strong>by</strong> a Supreme Court-appo<strong>in</strong>ted
committee, shipp<strong>in</strong>g of radioactive material is a clear case of dump<strong>in</strong>g hazardous
waste <strong>in</strong> India.
“The Blue Lady rul<strong>in</strong>g yesterday makes a mockery of the Indian judicial
system and shows it has no respect for its own rul<strong>in</strong>gs and <strong>in</strong>ternational law, but
likewise has officially condemned the shipbreak<strong>in</strong>g workers to death <strong>by</strong> accident
or from occupational disease such as asbestosis and cancer,” said Ingvild
Jenssen, Platform coord<strong>in</strong>ator.

The Platform on Shipbreak<strong>in</strong>g says that s<strong>in</strong>ce June 2006, even before the
Blue Lady was beached, it had provided <strong>in</strong>disputable evidence to the Supreme
Court that the ship conta<strong>in</strong>ed large amounts of hazardous material that could not
be dealt with <strong>in</strong> a safe and environmentally sound manner, at Alang.
Platform says it has made the court fully aware that India lacked the
capacity to properly destroy the waste <strong>in</strong> accordance with the UN’s Stockholm
Convention. But, the “court has consistently chosen to ignore Platform’s
submissions <strong>in</strong> the SS Blue Lady case; they have also paid no attention to the
concerns of 30,000 villagers liv<strong>in</strong>g <strong>in</strong> the surround<strong>in</strong>g areas of the Alang yards,”
Jenssen said.
The coalition notified the court that allow<strong>in</strong>g the dismantl<strong>in</strong>g of the ship
was <strong>in</strong> breach of India’s own laws and commitments to <strong>in</strong>ternational labour rights
and environmental conventions.
Despite this, the vessel was allowed to dock at Alang on August 15, 2006,
and will now be dismantled there at the <strong>in</strong>evitable cost of workers’ lives and
environmental contam<strong>in</strong>ation, says Platform. “This rul<strong>in</strong>g sends an unmistakable
signal that India does not care about the welfare of its poorest, most desperate
workers,” Jenssen added.
In its controversial order, a two-judge Supreme Court bench allowed the
dismantl<strong>in</strong>g of the controversial vessel, observ<strong>in</strong>g that the process had become
“irreversible” after its “illegal” beach<strong>in</strong>g at Alang <strong>in</strong> August 2006. The court,
however, asked the government and other concerned authorities to take
appropriate precautionary measures before go<strong>in</strong>g ahead with the dismantl<strong>in</strong>g of
the vessel.

The court said it considered the dearth of employment opportunities and
scarcity of steel <strong>in</strong> India as factors <strong>in</strong> allow<strong>in</strong>g the Blue Lady to be dismantled <strong>in</strong>
Alang, Asia’s largest ship recycl<strong>in</strong>g yard that has been ail<strong>in</strong>g <strong>in</strong> recent years.
“Nearly 700 workers will be employed <strong>in</strong> the project. Further, 41,000 MT (metric
tonnes) of steel will be made available. This will lower the pressure on m<strong>in</strong><strong>in</strong>g
activity elsewhere,” said Justices Arijit Pasayat and S H Kapadia while dispos<strong>in</strong>g
of a public <strong>in</strong>terest litigation filed <strong>by</strong> the Research Foundation for Science
Technology and Natural Resource Policy.
The judges stressed proportionality <strong>in</strong> development and said: “When we
apply the pr<strong>in</strong>ciple of susta<strong>in</strong>able development we need to keep <strong>in</strong> m<strong>in</strong>d the
concept of development on the one hand and concepts like generation of
revenue, employment and public <strong>in</strong>terest on the other.” The fact that susta<strong>in</strong>able
development is overwhelm<strong>in</strong>gly <strong>in</strong> the public <strong>in</strong>terest and that the two are not
mutually exclusive appears to have escaped the judges.
SC denies more compensation for Bhopal gas tragedy survivors

A bench compris<strong>in</strong>g Justices C K Thakker and H S Bedi dismissed an
application filed <strong>by</strong> the Bhopal Gas Peedit Mahila Udyog Sangathan that victims
of the Bhopal gas tragedy be given greater compensation
“It would have been better if we too had died that day,” declared a
survivor of the Bhopal gas tragedy after the Supreme Court, on May 4, 2007,
dismissed a petition <strong>by</strong> survivors demand<strong>in</strong>g greater compensation. Twenty-two
years on, Bhopal’s survivors are still battl<strong>in</strong>g the effects of the toxic gas that
spewed out of the Union Carbide plant <strong>in</strong> the city on the nights of December 2
and 3, 1984.
A bench compris<strong>in</strong>g Justices C K Thakker and H S Bedi dismissed the
application filed <strong>by</strong> the Bhopal Gas Peedit Mahila Udyog Sangathan (BGPMUS)
hold<strong>in</strong>g that the 1989 settlement between the US-based Union Carbide
Corporation (UCC) and the central government had been arrived at with the
<strong>in</strong>tervention of a five-judge constitutional bench headed <strong>by</strong> then Chief Justice of
India (CJI) R S Pathak, and that a two-judge bench could not re-open and review
the judgment of a larger bench.
Justice Pathak, who headed the bench that arrived at the settlement, was
later elevated as judge to the International Court of Justice.
Over 3,000 residents of Bhopal were killed when toxic methyl isocyanate (MIC)
gas leaked from Union Carbide’s pesticide plant <strong>in</strong> Bhopal. Thousands more were
seriously affected and hundreds of people became disabled for life.
The total amount of compensation awarded, the petitioner argued, was
meagre compared to the scale of the tragedy and loss of life and harm <strong>in</strong>flicted.
The petitioner contended that the compensation amount be enhanced
considerably to do justice to the victims, most of whom belong to weaker
sections of society.

The court, however, did not agree and said that the gap of 18 years s<strong>in</strong>ce
the settlement and the date of fil<strong>in</strong>g this application could not be lost sight of.
The BGPMUS claims that the number of people killed <strong>in</strong> the disaster is four
times greater than the number orig<strong>in</strong>ally arrived at and so more compensation <strong>in</strong>
the same ratio should be given to the victims. “The court has not given the
reasons beh<strong>in</strong>d reject<strong>in</strong>g our plea,” says Abdul Jabbar, convenor of the BGPMUS.
The compensation of $ 478 million paid <strong>by</strong> the Union Carbide Corporation
was for 102,000 people <strong>in</strong>jured, while the number of people dead was put at
3,000. However, the Gas Claims Court disbursed compensation to 572,000
<strong>in</strong>jured, and for 15,272 deaths. “This <strong>in</strong> itself means that the number of <strong>in</strong>jured
and those who died is almost four times that <strong>in</strong>itially believed,” Jabbar says,
add<strong>in</strong>g that the central government should have paid the amount accord<strong>in</strong>g to
earlier orders of the Supreme Court.
Shobha Soni, aged 60, said that although she lost two children she
received only Rs 120,000 as compensation. She was given a meagre Rs 20,000
for her own treatment, an amount that has long been spent.
Champalal Gupta was an operator at Union Carbide’s pesticide plant from
where the gas leaked. Till date he has received only Rs 25,000 for the drastic toll
the gas has taken on his health. His dues from Union Carbide too are yet to be
cleared; he has been fight<strong>in</strong>g a case aga<strong>in</strong>st his former employers <strong>in</strong> the Jabalpur
High Court for years.
Justices Thakker and Bedi, while dismiss<strong>in</strong>g the petition for enhanced
compensation, ruled, however, that an <strong>in</strong>dividual victim could approach the
claims tribunal <strong>in</strong> case he/she had been denied proper compensation.

Meanwhile, other organisations like the Bhopal Gas Peedit Mahila
Stationery Karmachari Sangh (BGPMSKS), Bhopal Gas Peedit Mahila Purush
Sangharsh Morcha (BGPMPSM), Bhopal Group for Information and Action (BGIA),
and Bhopal Ki Aawaaz (BKA) refused to comment say<strong>in</strong>g that they still had to
study the verdict.